Aunt Jemima Mills Co. v. Rigney & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Bill by the Aunt Jemima Mills Company against Rigne.y & Co. From a decree (234 Fed. 804) dismissing the bill, complainant appeals.
1Opinion of the Court
WARD, Circuit Judge.
This is an appeal from a decree of the United States District Court for the Eastern District of New York dismissing the complainant’s bill for infringement of trade-mark and for unfair competition on the ground that the goods manufactured by the parties respectively are different, viz. self-rising flour, by the complainant and pancake syrup by the defendants.
The Davis Milling Company, of St. Joseph, Mo., originated the trade-mark, which consists of the words “Aunt Jemima’s,” accompanying the picture of a negress laughing, in 1899, as we infer from the statement and…
2Cases cited5 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- McLean v. FlemingSupreme Court of the United States · 1878
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Hanover Star Milling Co. v. Allen & Wheeler Co.Court of Appeals for the Seventh Circuit · 1913
- British-American Tobacco Co. v. British-American Cigar Stores Co.Court of Appeals for the Second Circuit · 1914
3Cited by181 opinions
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- American International Group, Inc. v. London American International Corporation Limited and Midland Bank LimitedCourt of Appeals for the Second Circuit · 1981
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
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